Resolution 2019-31091 RESOLUTION NO.1 2019-31091
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION
OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND
THE FINANCE/CITYWIDE PROJECTS COMMITTEE, URGING THE
MIAMI-DADE COUNTY CLERK OF COURTS TO INCLUDE
INFORMATION, IN ENGLISH AND SPANISH, ABOUT THE CITY'S
EMERGENCY SHELTER AND RENT ASSISTANCE SERVICES
AVAILABLE TO RESIDENTS OF THE CITY OF MIAMI BEACH WHO
ARE SERVED WITH EVICTION PROCEEDINGS.
WHEREAS, the Mayor and Commission made a referral to the
Neighborhoods/Community Affairs Committee to discuss the eviction process and the
municipal services available to Miami Beach residents facing eviction; and
WHEREAS, the topic was discussed by the Neighborhood/Community Affairs
Committee at its October 23, 2019 meeting; and
WHEREAS, the legal eviction process follows the following steps:
1. The tenant receives written notice from the landlord requesting the tenant
to vacate the premises;
2. The tenant is served with a summons and complaint that is delivered by
either a sheriff(police) or a certified process server;
3. The tenant is afforded the opportunity to respond to the summons and
complaint;
4. The court (via a judge) can either grant or deny the eviction;
5. After the court enters a judgement for eviction, the Clerk will issue a writ of
possession, commanding the sheriff to put the landlord in possession, after 24 hours'
notice, conspicuously posted on the premises; and
6. The sheriff enforces the writ of possession if the tenant fails to vacate the
premises as ordered; and
WHEREAS, the City provides rent assistance and emergency shelter to Miami
Beach residents at-risk of homelessness due to residential evictions; and
WHEREAS, as a courtesy, the City's Office of Housing and Community Services
has provided information and flyers regarding this assistance to local churches that
provide rent assistance and to the Miami Beach District Court, located at 1130
Washington Avenue (Old City Hall); and
WHEREAS, currently, the Miami-Dade County Clerk of Courts includes a flyer,
which lists community-based rent assistance providers, which flyer is stapled to the
summons and complaint that is to be served upon the tenant and/or the premises in an
eviction proceeding; and
WHEREAS, the Finance/Citywide Projects Committee, at its October 23, 2019
meeting, recommended urging the Miami-Dade County Clerk of Courts to include, in
English and Spanish, information about the resources the City makes available to its
residents facing eviction so they may access City services immediately upon receiving
notice of the eviction proceeding, rather than after the eviction proceeding has been
completed; and
WHEREAS, the Mayor and City Commission urge the Miami-Dade County Clerk
of Courts to include a bilingual resource flyer with the eviction notices and complaints
being processed within the City limits in order to ensure inclusivity and understanding of
the resources available to evicted Miami Beach residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community
Affairs Committee and the Finance/Citywide Projects Committee, urging the Miami-
Dade County Clerk of Courts to include information, in English and Spanish, about the
City's emergency shelter and rent assistance services available to residents of the City
of Miami Beach who are served with eviction proceedings.
PASSED and ADOPTED this If day of Dec'14,6er 2019.
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Dan Gelbe o ayor
ATTEST:
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Rafael . Granado, Ci y Clerk
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APPROVED AS TO
FORM & LANGUAGE
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City Attorney / Date
Resolutions -C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 11, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE, URGING THE MIAMI-
DADE COUNTY CLERK OF COURTS TO INCLUDE INFORMATION, IN
ENGLISH AND SPANISH, ABOUT THE CITY'S EMERGENCY SHELTER
AND RENT ASSISTANCE SERVICES AVAILABLE TO RESIDENTS OF THE
CITY OF MIAMI BEACH WHO ARE SERVED WITH EVICTION
PROCEEDINGS.
RECOMMENDATION
Adopt the resolution.
BACKGROUND/HISTORY
The Mayor and Commission referred this item to the Neighborhood/Community Affairs Committee at
its September 11, 2019 meeting and hear at the FCWPC's October 23, 2019 meeting. Commissioner
John Elizabeth Aleman was the item's original sponsor.
In Miami-Dade County, the eviction process is handled through Miami-Dade County's Clerk of
Courts and Police Department. An eviction is a legal process that follows these steps prior to a
tenant's final eviction:
1. The tenant receives written notice from the landlord requesting the tenant to vacate the
premises.
2. The tenant is served with a summons or complaint that is delivered by either a sheriff
(police)or a certified process server.
3. The tenant is afforded the opportunity to respond to the summons or complaint.
4. The court (via a judge)can either grant or deny the eviction.
5. A writ of possession is posted if the court grants the eviction.
6. The sheriff enforces the eviction order if the tenant fails to vacate the premises as ordered.
The city provides rent assistance and emergency shelter to residents at-risk of homelessness due to
residential evictions. Through the Office of Housing and Community Services (HCS), residents can
apply for one month's rent assistance when they are in arrears for rent or must relocate as a result of
an eviction. The funds for this service are provided via the Emergency Food and Shelter (EFSP)
Program and the Community Development Block Grant (CDBG) Program. The rent is paid directly
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to the landlord once the resident completes the application process and is deemed eligible for
assistance.As a courtesy, HCS has provided information and flyers regarding our assistance to local
area churches that provide rent assistance and to the Miami Beach District Court located at 1130
Washington Avenue (Old City Hall).
For those who become homeless as a result of an eviction, the city can provide emergency shelter
placement. The city maintains emergency shelter beds at The Salvation Army, Miami Rescue
Mission and Camillus House.
On Friday, August 30, 2019, Maria Cazanes, an elderly resident, was evicted from her home by
Miami-Dade County police officers enforcing a court eviction. Ms. Cazanes personal possessions,
along with those of her adult son, were removed from her rented unit and placed outside in the
elements. The eviction enforcement coincided with community-wide efforts to prepare for Hurricane
Dorian, a Category 5 storm that was threatening South Florida at the time. Ms. Cazanes advised
staff that she did not understand the eviction summons
Commissioner John Elizabeth Aleman contacted the Office of Housing and Community Services
when she became aware of the eviction and city staff responded to the scene and provided Ms.
Cazanes and her son with transportation and placement at The Salvation Army.
Shortly after Ms. Cazanes' eviction, County Mayor Carlos Gimenez acknowledged that the timing of
her eviction was a mistake and stated that the county would amend its policy to prevent enforcement
of residential evictions during inclement weather.
ANALYSIS
HCS has a variety of informational service sheets that provide service and eligibility information for
the many programs offered by the department including rent assistance and emergency shelter
services. Copies of these forms are attached and are displayed in the department's lobby area. The
forms also include a checklist of required information to apply for services and a brief explanation on
the approval process. We also list eviction information on the City's "How to" section of the HCS
webpage.
Currently, the court includes a flyer which lists community-based rent assistance providers with the
eviction notices issued. The rent assistance information is stapled to the legal documents. Ideally, the
city would like to include its rent and shelter information (in English and Spanish) with those eviction
orders issued within the city so that impacted residents may access city services immediately upon
issuance of the order rather than after the eviction has been completed. By doing so, personal
belongings can be secured and a traumatic event can be minimized. The FCWPC unianmously
concurred to urge the Clerk of Courts of Miami-Dade County, Florida to include information about the
resources the city makes available to residents facing eviction at the time of service.
FINANCIAL INFORMATION
CONCLUSION
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The city will transmit a resolution urging the Clerk of Courts to ensure that information regarding city
services are made available to Miami Beach residents facing eviction by including a multi-lingual
resource flyer in the eviction packages processed within the city.
Applicable Area
Citywide
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Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Housing and Community Services
ATTACHMENTS:
Description
❑ Resolution
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